O R D E R

This Writ Petition has been filed, seeking for a direction to the respondent Authority to accept the petitioner's Form No.20 under the Employees Provident Fund Scheme, 1952, without insisting on production of a Guardian Certificate for minor children from the Court of law.

2. According to the petitioner, she was married to one Lurthunathan as per the Christian Rites on 05.10.2001 and out of the wedlock, two children were born to them, who are now aged about 17 and 15 years respectively. It is further stated that her husband passed away on 06.01.2019, due to heart attack and that the petitioner has got a legalheir certificate, showing names of her children and herself. The petitioner made a request to the Employees Provident Fund Organisation (in short 'EPFO'), claiming Provident Fund amount, duly annexed with Form-20 along with other required documents, but the EPFO Authority returned the same for want of guardianship certificate for her minor children, from the Court of law, as she belongs to Christian community. It is further stated that EPFO gave the petitioner the Death Claim Form 20/10D/51F, along with Check List No.62589/10095, which listed out the documents to be submitted by the Claimant and in Serial No.12 (handwritten), one of the conditions was to submit the Guardianship Certificate from the Court for minor children for Christian community.

2.1. It is also stated that the petitioner is illiterate, struggling to meet out her daily expenses and she has been eking out her livelihood with the assistance of her sister. She also submitted that since her daughter has completed 12th Standard, she has to join the college and her minor son is studying X Standard. It is her case that due to pandemic, Courts are taking up only urgent cases and since she is struggling to remit fees for her children's education, she has come up with the present Writ Petition, seeking for the above direction to the EPFO without standing on technicalities to release the amount.

3. Mr.R.Vishnu, learned Standing Counsel for EPFO, by reiterating the averments made in the counter affidavit has submitted that the deceased husband of the petitioner worked in M/s.Raj Hardware, Chrompet and he was a Christian by faith. The Guardianship Certificate is mandatory for settlement of EPF dues to the minor family members as per the “Manual of Accounting Procedure, Part II-A of EPF Act, 1952”. It is further contended that the wages as mentioned by the petitioner is not correct and that the deceased employee was getting only Rs.4,550/- per month and his EPF employee share of contribution was Rs.528/- per month. That apart, the petitioner has not furnished the Guardianship Certificate as required under the Act and the EPFO cannot bypass the procedures, as it would set a bad precedent and there is also a possibility of settling the claim to a wrong person, which will later end up with litigation. Therefore, EPFO is not inclined to deviate the procedure contemplated under the Rules and hence, the Writ Petition is liable to be rejected by giving an opportunity to the petitioner to produce the Guardianship Certificate, so that EPFO can settle the benefits due to the deceased to his legalheirs. It is further contended that there are pensionary benefits and Employees Deposit Linked Insurance and that the EPFO is willing to part with the minor share, till the minors attains majority and after attaining majority the amount would be disbursed to the surviving minors, who attain majority.

4. Heard both sides. Perused the material available on record.

5. It is not in dispute that the petitioner is the wife of late Lurthunathan and that there was a contribution by the employer and employee. Further, the wife of the deceased is entitled to family, pension apart from getting accumulated P.F. Amount and Employees Deposit Linked Insurance. Since there is no reference to the word “GUARDIAN” under the EPFO Act, naturally, the Court will have to pass orders based on the Personal